San Marcos free press. [volume] (San Marcos, Tex.) 1877-1892, 1887-10-13
New Law Regulating the Liquor Trairc.

Sec. /. That section four (4) Of an
act to amend section one ~ and four
(4) OF an act entitled San act to reg
ulate the sale of spirituous, vinous or
malt liquors, or medicated bitters; to
fix the rate of occupation taxes upon
oil persons, firms or associations Of
persons engaged in the sale OF spirit
uous, vinous or malt liquors or medi-
Gated bitters, to define the manner
and time OF collecting such tax, and
to affix penalties for the failure to pay
the same; and to repeal oil laws and
parts of laws in conflict with the pro.
visions of this act, approved March
IL, 1881" approved April A, 1881;
and, that section five 10y and eight
(S) of an act to regulate the sale Of
spirituous, vinous or malt liquors, or
medicated bitters; to fix the rate of
occupation tax upon all persons, firms
or associations of persons engaged
in the sale of spirituous, vinous or
malt liquors or medicated bitters; to
define the time and manner of col
lecting such tax, and to affix penal
ties for the failure to pay the same;
and to repeal all laws and parts of
laws in conflict with the provisions of
this act, approved March IL, 1881; be
so amended as to hereafter read as
follows:
Sec A. Any person, firm or asso-
citation Of persons desiring to engage
in the sale of spirituous, vinous, or
malt liquors, or medicated bitters
capable of producing intoxication,
shall, before engaging in such occu-
patton, be required to enter into bond
in the sum of $4,000, with at least two
good, lawful, and sufficient sureties,
payable to the State of Texas, to be
approved by the county Judge, con-
ditioned that said person, firm or as
sociation of persons SO selling spirit
nous, vinous or malt liquors, or med
icated bitters capable of producing
intoxication, in quantities less than o
quart, shall keep an open, quiet and
orderly house or place for the sale OF
spirituous, vinous, or malt liquors or
medicated bitters capable of produc-
ling intoxication, and that he or they
will not sell or permit to be sold in
his or their house or place of busi-
ness, nor give,nor permit to be given,
any spirituous, vinous, or malt IL
quors, or medicated bitters capable
Of producing intoxication, to any per-
son under the age of 2l years, or to
q student OF any institution of learn.
ing, or to any habitual drunkard, or
to any person after having been no.
titled in writing through the sheriff
or other peace officer, by the wife,
mother, daughter or sister OF the per-
son, not to sell to such person; and
that he or they will not permit any
person under the age of 2l years to
enter and remain in such house of
business; aud that he or they will not
permit any games prohibited ny the
laws to be played, dealt or exhibited
in or about such house or place OF
business; and that he or they will not
keep or permit to be kept, for profit,
amusement or other purposes, in or
about his OR their place of business,
any nine or ten pin alley, pool table,
bagatelle, pigeon-hole or jennylind
table, nor any other kind of table or
device used for games of chance; and
that he or they will not rent or let
any part of the house or place in
which he or they have undertaken to
sell spirituous, vinous or malt liquors
or medicated bitters capable OF pro-
ducing intoxication, in Quantities less
than quart, to any persons, for the
purpose of running or conducting
any game or games prohibited by the
laws of the State; and that he or they
will not adulterate in any manner by
mixing any drug with any intoxicat-
ing liquor of any kind, and that he
or they will not knowingly sell Oh
give away any impure or adulterated
liquor of any kind; which said bond
may be sued on at the instance OF any
person or persons aggrieved by the
violation of its provisions, and such
person shall be entitled to recover
the sum of $500 as liquidated dam
ages for each infraction of the condi-
tions of such bond, and the said bond
shall not be void on the first recovery,
but may be sued on until the full
penal sum named therein shall have
been recovered. In addition to civil
proceedings for. individual injuries
brought on said bond as above indi-
Gated, if any person, firm or associa-
ton of persons, shall violate any OF
the conditions of the bond herein re-
quired, it shall be the duty Of the
county and district attorneys, or
either of them, to institute thereupon
in the name of the State of Texas for
the use and benefit of the county,
and the amount of $500 as a penalty
shall be recovered from the principals
and sureties upon breach Of any oi
the conditions thereof; and whenever
the first or subsequent bond as re-
quired, is exhausted by suit at the
instance of individuals or the use OF
the county, new similar bond shall
be given and approved before the
dealer shall have the right TO further
pursue bis occupation as a retail d
auor dealer: or in case suit is pend
ing on any such bond. and the coun-
ty or district attorney shall make and
file an affidavit with the clerk Of the